Almaden Files Request for Arbitration Against Mexico with International Centre for Settlement of Investment Disputes
June 17 2024 - 7:00AM
Almaden Minerals Ltd. (together with its Mexican
Subsidiary, Minera Gorrión S.A. de C.V., “Almaden” or “the
Company”; TSX: AMM; OTCQB: AAUAF) announces that it has
commenced international arbitration proceedings against the United
Mexican States (“Mexico”) under the Comprehensive and Progressive
Agreement for Trans-Pacific Partnership (“CPTPP”).
The Company’s international arbitration claim
against Mexico will be prosecuted pursuant to the established and
enforceable legal framework of the International Centre for
Settlement of Investment Disputes (“ICSID”). Almaden alleges
that Mexico has breached its obligations under the CPTPP through
actions which blocked the development of the Ixtaca project and
ultimately retroactively terminated the Company’s mineral
concessions, causing the loss of the Company’s investments in
Mexico.
Almaden initiated the six-month consultation
period required under the CPTPP on December 13, 2023. Mexico agreed
to hold one consultation meeting, which took place on May 30, 2024,
but it did not result in an amicable resolution of the Company’s
investment dispute. The Company filed notice of its intention to
submit a claim to arbitration against Mexico under the CPTPP on
March 14, 2024, triggering a 90-day notice period prior to filing.
With this notice period now over, the Company has filed its Request
for Arbitration with ICSID.
Duane Poliquin, Chair of Almaden, stated “This
is clearly not a desirable outcome for our tremendous discovery
back in 2010. With the announcement of the feasibility study in
2018, the Ixtaca project was poised to become a significant success
for shareholders, local communities, and Mexico. The Company
followed best international standards and practices, including
through adoption of dry stack filtered tailings, ore-sorting, and
water management plans that could have improved water availability
for local communities. Our human rights due diligence was second to
none and kept pace with the technical evolution of the project,
culminating in a Human Rights Impact Assessment completed to the
highest international standards. We are problem solvers and sought
to resolve each challenge presented by Mexico, up until the point
the Mexican government cancelled our concessions. This leaves us
with no alternative but to pursue international arbitration. We
regret this outcome for shareholders, who may still see some
benefit from the discovery as we pursue this arbitration. However I
lament most heavily this outcome for local people, whom we have
worked very closely with over the past two decades, and who have
become our friends. They now stand to gain nothing from the Ixtaca
project which was developed and designed with their
assistance.”
About the Ixtaca Project and the
Company’s Damages Claim
The Company discovered the Ixtaca project in
2010, and ultimately completed a feasibility study on the project,
filing the technical report in 2019. Highlights of the project
included the following:
-
Average annual production of 108,500 ounces gold and 7.06 million
ounces silver (203,000 gold equivalent ounces, or 15.2 million
silver equivalent ounces) over first 6 years;
-
After-tax IRR of 42% and after-tax payback period of 1.9
years;
- Conventional
open pit mining with a proven and probable mineral reserve of 1.39
million ounces of gold and 85.2 million ounces of silver;
- All-in
Sustaining Costs (“AISC”), including operating costs, sustaining
capital, expansion capital, private and public royalties, refining
and transport of $850 per gold equivalent ounce, or $11.30 per
silver equivalent ounce;
- Dry stack
filtered tailings facility, and co disposal with waste rock with no
tailings dam;
- A fresh water
storage dam for mine and community use, enhancing community access
to a fresh water reservoir beyond closure;
- Testing showed
the host limestone “waste” rock and flotation tailings were
neutralising and had low potential for metal leaching. Both
products could have had commercial uses such as aggregate and
cement feed;
- Had the project
proceeded, economic contributions were estimated to include
approximately 600 direct jobs during the peak of construction and
420 jobs throughout the 11 year mine life. Assuming base case metal
prices, the project could have generated approximately US$130
million in Federal taxes, US$50 million in State taxes and US$30
million in Municipal taxes and provide updated infrastructure to a
marginalised region.(All values shown are in $US; Base case uses
$1275/oz gold and $17/oz silver prices. Gold and silver equivalency
calculations assumed 75:1 ratio. Proven mineral reserves were
comprised of 31.6 million tonnes grading 0.70 g/t gold and 43.5 g/t
silver. Probable mineral reserves were comprised of 41.4 million
tonnes grading 0.51 g/t gold and 30.7 g/t silver. The cut-off grade
used for ore/waste determination was NSR>=$14/t. Associated
metallurgical recoveries (gold and silver, respectively) were
estimated as 90% and 90% for limestone, 50% and 90% for volcanic,
50% and 90% for black shale).
As part of the CPTPP requirements, although
still at an early stage in the arbitration process, the Company
must submit an initial and preliminary estimate of damages claimed.
As noted in the Company’s press release of March 14, 2024, Almaden
is pursuing this arbitration together with Almadex Minerals Ltd.,
on behalf of themselves and their Mexican subsidiaries, and based
on a preliminary estimate will be seeking damages of no less than
US$200 million, in the aggregate.
As the arbitration proceeds, the Company expects
to appoint a quantum expert who will prepare a professional damages
assessment for review by the arbitration tribunal. The Company will
update shareholders as this process evolves.
The Company has engaged international
arbitration counsel at Boies Schiller Flexner to act on its
behalf.
On behalf of the Board of Directors,
“J. Duane Poliquin”J. Duane PoliquinChairAlmaden
Minerals Ltd.
Safe Harbor Statement
Certain of the statements and information in
this news release constitute “forward-looking statements” within
the meaning of the United States Private Securities Litigation
Reform Act of 1995 and “forward-looking information” within the
meaning of applicable Canadian provincial securities laws. All
statements, other than statements of historical fact, are
forward-looking statements or information. Forward-looking
statements or information in this news release relate to, among
other things, the appointment of a quantum expert and the result
and damages arising from the Company’s request for arbitration.
These forward-looking statements and information
reflect the Company’s current views with respect to future events
and are necessarily based upon a number of assumptions that, while
considered reasonable by the Company, are inherently subject to
significant legal, regulatory, business, operational and economic
uncertainties and contingencies, and such uncertainty generally
increases with longer-term forecasts and outlook. These assumptions
include: stability and predictability in Mexico’s response to the
arbitration process under the CPTPP; stability and predictability
in the application of the CPTPP and arbitral decisions thereon; the
ability to finance the arbitration process, and continued respect
for the rule of law in Mexico. The foregoing list of assumptions is
not exhaustive.
The Company cautions the reader that
forward-looking statements and information involve known and
unknown risks, uncertainties and other factors that may cause
actual results and developments to differ materially from those
expressed or implied by such forward-looking statements or
information contained in this news release. Such risks and other
factors include, among others, risks related to: the application of
the CPTPP and arbitral decisions thereon; continued respect for the
rule of law in Mexico; political risk in Mexico; crime and violence
in Mexico; corruption in Mexico; treatment of environmental matters
and indigenous consultation under Mexican laws and regulations;
impact of environmental impact assessment requirements on the
Company’s planned exploration and development activities on the
Ixtaca project; uncertainty as to the outcome of arbitration;
community relations; governmental regulations; risks related to
mineral properties being subject to prior unregistered agreements,
transfers or claims and other defects in title; changes in mining,
environmental or agrarian laws and regulations and changes in the
application of standards pursuant to existing laws and regulations;
as well as those factors discussed the section entitled "Risk
Factors" in Almaden's Annual Information Form and Almaden's latest
Form 20-F on file with the United States Securities and Exchange
Commission in Washington, D.C. Although the Company has attempted
to identify important factors that could affect the Company and may
cause actual actions, events or results to differ materially from
those described in forward-looking statements or information, there
may be other factors that cause actions, events or results not to
be as anticipated, estimated or intended. There can be no assurance
that our forward-looking statements or information will prove to be
accurate. Accordingly, readers should not place undue reliance on
forward-looking statements or information. Except as required by
law, the Company does not assume any obligation to release publicly
any revisions to on forward-looking statements or information
contained in this news release to reflect events or circumstances
after the date hereof or to reflect the occurrence of unanticipated
events.
Contact Information:
Almaden Minerals Ltd.Tel. 604.689.7644Email:
info@almadenminerals.comhttp://www.almadenminerals.com/
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